Continue reading »]]> This is Thomas Ferreira, your lawyer for child custody, child support, spousal support (alimony) and property division serving Carlsbad, Encinitas, Oceanside, Vista, San Marcos and Escondido, helping you and your family stay out of court,and out of the poorhouse.

I also serve clients at the Riverside and Hemet courts.

Picture this scenario: you come home from a business trip. You come home early, hoping to surprise your bride of 25 years. As you open the bedroom door, flowers behind your back, you find her in bed–with your best friend since high school in flagerante delicto.

If you are a woman reading this blog, switch the parties. I have found that these principles apply to both men and women.

Now fast forward 6 months, to your first appointment with the Family Court Service Mediator, normally your first stop in any child custody case. You have programmed your phone to say “the slut” when she calls, and her special ring tone is Lyin’ Eyes by the Eagles.

Most red-blooded Americans would be mad as hell. They may send insulting text messages to the ex or lace their co-parenting communications with sarcasm. My advice: DON’T DO IT.

The wierd thing about family courts is that they don’t care who’s right and who’s wrong. Nope. Despite the horrible injustice of what you’ve gone through, you’re not allowed to be angry. In fact, your friendly FCS Mediator or judge still expects you to be agreeable, get along, cooperate with your ex and even support her parenting. So what’s a guy (or gal) to do?

1. Get into therapy. A good therapist will help you to process the anger. If you want to have a snowball’s chance in Family Court, you’ve got to forgive and get past the hurt.

2. Join a support group. There are many on line, and my favorite is Divorcecare.

3. Devote your energies to your parent-child relationships. Your kids need you more than ever, now that you and Mom are breaking up. But be careful not to discuss the litigation with the kids or badmouth yor ex. Say things to the kids that support your ex’s parenting, such as “you know that Mom loves you and she and I are committed to your well-being.” Or “You need to behave for your mother.”

What I suggest here is not easy. If you want to complain about your ex, call a trusted friend. It’s also helpful to write letter that you decide will never be sent. Dont give in to the temptation to sent them.

If you do this, when you walk in to court, you’ll be the reasonable one, the calm one. And you’ll likely get a better result in court.

And remember this: The best revenge is living well!

I remain …

Very truly yours,

Thomas D. Ferreira, Esq.

Disclaimer: Thomas D. Ferreira is an attorney licensed only in the State of California. The information set forth in this blog or on our websites are not intended to create an attorney-client relationship, nor are they intended as legal advice on your specific matter. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional or lawyer. The information in this blog is not a substitute for the advice of competent counsel, and is not intended, nor should it be construed, as a guarantee, warranty or prediction regarding the results of your legal matter.

Continue reading »]]> CALIFORNIA DIVORCE: STAYING OUT OF COURT AND OUT OF THE POORHOUSE

Please join the founder of Divorce Life Solutions, Thomas D. Ferreira, Esq., and Tammy R. Ferreira, Certified Divorce Financial Analyst™ for an information-packed seminar on how to do your divorce right.

At this seminar you will learn:

• How to cooperate in raising your children after divorce
• How to save huge money and avoid nasty litigation
• How to ensure short-term and long-term financial security after the divorce
• Basic pitfalls of California divorce and how to avoid them
• What actions you can take to insure long-term protection for you and your children

Mr. Ferreira will answer common family law questions and suggest strategies for coping with divorce.

Date and Location: Saturday, January 21, 2011, 9am-12pm. Please register by calling (760) 990-4752 or by using the following link: http://activenet11.active.com/venture/

Continue reading »]]> What would a lawyer handling child custody cases and divorces at the Vista, North County courthouse know about how to settle the National Basketball Association’s lockout of the players, and possibly save the 2011-2012 NBA season?

Plenty. As a basketball fan and as a Carlsbad divorce attorney and mediator, I simply cringe when I see statements from Billy Hunter or David Stern. I see parties hopelessly polarized, stuck in their “positions,” and willing to endure losses far greater than any gains they could “force” through litigation.

When couples with children divorce, they can become similarly polarized, as they hire agressive divorce lawyers to punish their spouse. Whether you’re married and divorcing, or whether your other parent was your parnter and you’re breaking up, the lesson to be learned here is that a skilled mediator, specializing in child support, child custody and property issues, can mean the difference between success and failure.

Let’s apply the principles of a certified mediator or a lawyer specializing in divorce or child custody to the NBA situation. Even if you don’t use a mediator, this example shows the pitfalls of trying to negotiate on your own.

DON’T BE CHILDREN; GET OFF YOUR POSITIONS:

What jumps out from the numerous press accounts of the lockout is the zero-sum, win-lose nature of the negotiations. In my divorce and child custody cases, I try to shift the parties’ stance from a win-lose to a win-win paradigm (see Steven Covey’s book The Seven Habits of Highly Effective People).

NBA Commissioner David Stern has characterized the Players’ Association’s behavior as “unreasonable” and contrary to the player’s interests. He then points out all the places where the owners have compromised, such as letting go of the hard salary cap, mandatory salary reductions and shorter contracts.

The Player’s Association’s child-like posturing is typical of parties polarized by litigation. NBPA’s win-lose stance is typified by a statement from its player-president Derek Fisher: “Yesterday the owners gave us an opportunity to back down. We refused.”

A PROFESSIONAL DIVORCE MEDIATOR WOULD FOCUS ON ISSUES, NOT POSITIONS:

Let’s see what the common intersts are between these parties, aside from splitting the revenue:

1. The players have an interest in maintaining their star power and visibility, and owners have an interest in maintaining that star power to put booties in the seats.

2. The owners are on a roll, with very successful playoff seasons for the past 3 years and increasing season ticket sales. There is huge money to be lost if the season is cancelled, and decreased value of the franchises. Players stand to lose huge money in salary and have their names fade from public attention.

3. The NBA brand will lose value, as will the value of player product endorsements, if the season is lost.

4. Players and owners alike have enormous investments at stake. The owners have invested in their teams, taking the risks inherent in any business. The players have litterally invested their lives in hours of practice and workouts, have overcome astonishingly long odds, and have foregone other professions and education to play at this level.

5. Both players and owners face competition for other entertainment outlets such as College hoops, movies, theatre or other sports.

6. Players and owners benefit from parity between the large city teams and the smaller markets (the rationale behind salary caps and luxury taxes), because even superstars need high caliber competition.

I could go on, but you get the picture. The parties here are going for “lose, lose,” saying that if you won’t come off your position (the revenue position is separated by a mere 3 percent of total revenue), we will blow up the whole deal. Add to that the costs of the many lawsuits, and you have a situation where all parties will lose much more than the value of the 3 percent revenues currently dividing the parties.

I would advise these parties immediately to call my office, or to hire a mediator with a “win-win” mentality. There are so many common interests here that this deal should be done. Either “position” is much worse than the alternative, a lost season.

And, if you are facing divorce, please do your best to stay out of court. We can help with mediation to resolve your property, child support, alamony (spousal support), child custody and visitation issues. We can help with getting more time with your kids. Let us be in the middle, not your children!

I remain …

Very truly yours,

Thomas D. Ferreira, Esq.

Disclaimer: Thomas D. Ferreira is an attorney licensed only in the State of California. The information set forth in this blog or on our websites are not intended to create an attorney-client relationship, nor are they intended as legal advice on your specific matter. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional or lawyer. The information in this blog is not a substitute for the advice of competent counsel, and is not intended, nor should it be construed, as a guarantee, warranty or prediction regarding the results of your legal matter.

Continue reading »]]> What do you do if you’re the victim of spousal abuse, but you’re afraid that taking the children to an undisclosed location will run afoul of the California child abduction statute? As a child custody and visitation attorney and mediator, and also as a lawyer who deals with claims of domestic violence, I often get this question.

As a general rule, it is a crime for parent to relocate the children with the intent to deprive the other parent of their custodial rights. See California Penal Code section 278.5.

But there is an exception to the general parental kidnapping law for victims of domestic violence. A parent may legally conceal a child if they have a right to custody of the child themselves, and have a “good faith and reasonable belief that the child, if left of the other person, will suffer immediate bodily injury or emotional harm.” Penal Code section 278.7.

Subsection B of that section provides that the parental kidnapping prohibition does not apply to someone with a custodial right to a child “who has been a victim of domestic violence who, with a good faith and reasonable belief that the child, if left with the other person, will suffer immediate bodily injury or emotional harm.”

It’s important to note that your “reasonable good faith belief” must be objectively reasonable, that is, you must be able to present evidence that would cause a reasonable person to believe that the child is in danger, not you. However, you should be able to establish this if your subject to extreme and repeated physical or emotional abuse.

Also, if you are availing yourself of this section, it is your duty to make a report to the District Attorney’s Office of the county where the child lived before you took action. You must do this within a reasonable period of time, which the statute says is at least 10 days. At the same time, you must reasonably commence a custody proceeding. This can be in the form of a divorce proceeding, a domestic violence restraining order or a paternity action. A reasonable period of time commensurate custody proceeding is at least 30 days. Note that if you file for dissolution of marriage, you should also file in Order to Show Cause hearing to request custody orders. If you believe that the children are in immediate danger, you can also use the ex parte procedure to obtain emergency orders right away.

For San Diego County, contact the San Diego Dist. Atty.’s Child Abduction Unit at (619) 531-4345 to report that you have removed or concealed your children or a child with the belief that the child is in danger. For any other County, contact that counties District Attorney’s Office for instructions.

Please feel free to call my office if you have any questions about this. I remain…

Very truly yours,

Thomas D. Ferreira, Esq.

Disclaimer: Thomas D. Ferreira is an attorney licensed only in the State of California. The information set forth in this blog or on our websites are not intended to create an attorney-client relationship, nor are they intended as legal advice on your specific matter. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional or lawyer. The information in this blog is not a substitute for the advice of competent counsel, and is not intended, nor should it be construed, as a guarantee, warranty or prediction regarding the results of your legal matter.

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Continue reading »]]> As a human being, I was shocked and dismayed to read about a shooting spree at seal Beach hair salon yesterday, an unspeakably horrible crime that left eight people dead and one clinging to life. As a San Diego, North County divorce, child custody and support lawyer and mediator, I was not surprised to learn that shooter Scott Dekraai’s ex wife of three years, Michelle Dekraai, was among the slain. The situation became even clearer when I read that on Tuesday the estranged couple had been in court on a scheduling conference regarding custody of their eight-year-old son.

One thing that did cause me to raise my eyebrow was a detail in one article, a report that Ms. Dekraai had sworn out a temporary restraining order, fearing domestic violence.

Please don’t mistake me. Judging from the results, Ms. Dekraai had every reason to believe that she was in danger for her life, and under the circumstances I would advise any person in fear seek a restraining order from the court. Such restraining orders will allow the police to intervene if the restraining order is violated.

Sadly, Ms. Dekraai’s restraining order (assuming it was actually filed) did not protect Ms. Dekraai from the ravages of her ex-husband’s homicidal rage. Particularly salient is the evidence of significant premeditation, specifically, that Mr. Dekraai wore a bulletproof vest when he was arrested half an hour after the shooting.

I take several lessons from this incident, if you are considering a domestic violence restraining order.

Lesson one: consider whether a domestic violence restraining order will escalate minor postdivorce conflict into major postdivorce conflict.

While I can’t predict what will happen in your particular case, I can say in general that one isolated violent act during custody or divorce litigation is not a likely precursor for a more severe violent act. Remember the divorce proceedings are upsetting under the best of circumstances, and sometimes people will act out of character.

On the other hand, studies show that most repeated acts of domestic violence occur when the perpetrator has a history of repeated or ongoing domestic violence, ongoing child abuse or drug and alcohol abuse.

Remember, the act of filing and serving a restraining order can itself be a source of pain and frustration, which can in turn escalate conflict between divorcing spouses. Therefore, use common sense in deciding whether you are really in danger, and whether it is necessary to invoke the court’s power to restrain your coparent.

Lesson two: if you have ongoing or repeated abuse, or if your children are in danger, act decisively to seek protection.

You may have cause to believe that your ex or soon-to-be ex-spouse will hurt you. If he or she has made an extreme threat, such as murder, or if his or her behavior represents a pattern of ongoing physical or mental abuse, or circumstances would indicate that your children are in danger of harm, I recommend seeking the order, and also moving to an undisclosed location, such as a shelter or the home of a friend or family member. The law allows you to keep your location confidential from the restrained person pending the hearing.

Resources for domestic violence protection can be found on the San Diego Superior Court website. You can also find information on shelters and other help by going to the National Domestic Violence Hotline.

Make sure you keep a copy of your restraining order on your person at all times, and within easy access where you are staying. If you have to call the police, tell them that you have a restraining order and show them the copy. It is a criminal offense to violate the restraining order.

In cases of real danger and complicated relationships, it is often a good idea to retain counsel to represent you in these cases. However, the San Diego Superior Court does have easy do-it-yourself forms. Go to www.SDCOURT.ca.gov, and of your mouse over the family button. Go to the forum section and look for the domestic violence packets. Or, these forms can be obtained at the local Superior Court office itself. There is no filing fee to obtain a domestic violence restraining order, and you don’t need to give the restrained person advance notice.

However, I would emphasize that you should use this remedy judiciously, and make sure that you have some recent incidents of violence to put in your declaration. If you don’t really need the protection, filing restraining order will likely do more harm than good.

Wishing you a safe holiday season, I remain…

Very truly yours,

Continue reading »]]> Rumor has that Jennifer Lopez and Marc Anthony did not sign any prenuptial agreements prior to their marriage. Now that they’re breaking up, at least one commentator has recommended that J Lo file for divorce in New York, rather than California.

That’s because New York does not recognize the community interest in marital property the way we do in California. In New York, the judge is empowered to divide all marital property (property acquired during the marriage) according to a set of factors in their domestic relations laws. In New York, “marital property shall be distributed equitably between the parties considering the circumstances of the case and of the respective parties.”

Jennifer Lopez may like this, because she can argue that what she has worked and strived for during the marriage really should belong to her. However, in a California divorce, all effort that was exerted to create income or property during the marriage is considered community property.

California community property is a concept embraced by a minority of states, based on the concept that although married partners have different roles in the marriage, the contributions of each are of equal value. Thus, community property is divided equally. The analysis of whether a piece of property, whether a car or home, is community property rests on whether it was acquired by means of effort during the marriage.

For example, if one spouse brings a valuable home into the marriage, but after the date of marriage pays down the mortgage with his salary, the community will acquire an interest in that home which will have to be divided at the time of divorce. The community’s interest is equal to the amount of value contributed to that home’s equity due to husband’s efforts during the marriage, which are considered community property. It matters not that wife was a stay-at-home mom during the marriage and did not contribute her earnings. Husband’s effort during the marriage is considered as producing community property.

This goes for all property acquired during the marriage, including jewelry, cars, bank accounts or stock options. If you divorce in a California court, everything you have learned or acquired during the marriage belongs have to your spouse, and every obligation ordered that you acquire, with some exceptions, is owed by your spouse.

Hoping this post sheds light on the nature of California community property, I remain…

Very truly yours,

Continue reading »]]> In today’s economy, many separated and divorcing people face being their own lawyer at a California child support, child custody or alimony (spousal support) hearing. Whether your case is set in Vista, San Diego, El Cajon or Riverside, You may wonder, “how do I get support or child custody if I don’t have a huge war chest?” Increasingly, fathers and mothers in divorce cases must write their own affidavits or declarations in support of their positions on child custody, child support, alimony and property issues.

Here’s the rub: Family Court judges are lawyers, trained to understand legal arguments. Even if you are before the court In Pro Per (literally “on behalf of myself”), you are expected to write a lawyer-like declaration, and to present accurate, neat, lawyer-like pleadings.

I have had private conversations with judges who tell me that they dread seeing the unrepresented child custody, child support and alimony cases come before them. Though you may not think so, these hard-working judges really do care about the well-being of your children and they want to make a fair decision in your case. You will get more time with your children, and a better child support or alimony award, if you make the judge’s job easier. Here are some tips:

1. When drafting Order to Show Cause (OSC) declarations, stick to the facts and avoid conclusions. Preparing declarations is a little like writing a newspaper article. Stick to the what, where, why, when and how. Avoid conclusions like “she is an unfit mother,” or “he is an emotionally abusive father.” It is better to let the facts do the talking. The more specific you can be as to the exact date, time, place and circumstance of each individual instance, the better. Instead of making a conclusion, set forth the facts that will lead the judge irresistibly to your conclusion.

2. Break your narrative into short, numbered paragraphs. Nothing will give your Family Court judge an Excedrin headache faster than long, run-on paragraphs. When I write declarations, I number each paragraph, and I break each incident down into a brief paragraph setting forth the “what, where, why, when and how” of the incident I wish to describe. Here’s an example:

“On April 11, 2011, Ms. Jones pleaded guilty to charges of driving under the influence of alcohol/drugs, driving with a blood alcohol content of greater than 0.8% and-and-run with property damage. At the time of the arrest in the latter case, February 12, 2011 at 11:00 PM, Ms. Jones was driving, presumably while intoxicated, with the minor children in the backseat of her car.”

3. Proofread your work. The more professional your work product, the better. Have a friend, preferably a good speller, review your work. Take the time to do your writing well, and if you know someone who is a good writer, have them ghost-write your declaration. Make sure your work is easy to read and understand, and you will increase the chances that the judge will rule in your favor.

4. Hire an expert lawyer, such as Thomas Ferreira, to draft your moving papers. I am an excellent writer, deeply familiar with type of writing that Family Court judges expect. Also, I am able to be objective, writing your request for child support, increased time with your children or spousal support in a way that will impress the judge without sounding shrill. And, current Rules of Court do not require that an attorney performing “unbundled services” reveal that he is the actual author of the papers. You are free to present your papers to the court as your own.

Following this advice, you should be able to make a winning argument at your child custody or support hearing. Please not hesitate to contact me if you have any questions about how to draft winning declarations.

Thomas D. Ferreira, Esq.

Continue reading »]]> This is Tammy R. Ferreira, Certified Divorce Financial Analyst™ with some tips on how to divorce well while saving your money and your bank account. At Divorce Life Solutions, we understand that saving money is a priority. But saving money won’t do you any good if you are unable to protect important assets, or survive financially after the divorce. Whether you decide to go it without a divorce lawyer, or decide to hire the lawyer to the stars, your results will depend to a large extent on your own preparation and care in proceeding with your case.

1. DESIGN YOUR POSTDIVORCE FINANCIAL PLAN

We commonly see this situation: you struggle and struggle to make your marriage work, then finally decide that the problems just can’t be fixed. You are to be congratulated on making a tough decision, but that’s just the first stage. Now you’ve got to do some thinking: What is my postdivorce life going to look like? How am I going to support myself and the kids? What am I going to need in terms of support and property to retire with dignity?

If you are at the beginning stages of your divorce or separation, I urge you to do some hard thinking on these questions. As a CDFA™ I can give you some solid advice on what assets to ask for, how much support to ask for and what you may be entitled to.

It is vital that, at a minimum, you prepare a budget for your post – divorce life. Include a war chest of at least $5000 to hire an attorney or financial advisor. If you haven’t figured out how to make it on your own, you might not be ready to end your relationship.

2. DEVELOPE A THOROUGH UNDERSTANDING OF YOUR RIGHTS AND OBLIGATIONS.

Many divorcing people mistakenly believe that they can simply hire an attorney, throw all their divorce problems in the attorney’s lap, and hope that everything will turn out okay. I know this is a tough time in your life, but proceeding this way is opening the door for you to get ripped off by the unscrupulous and to be denuded of the cash you’ll need to survive.

I strongly advise you to take a trip to the law library or the bookstore to read about your financial rights and obligations. There are also excellent seminars available, such as the Second Saturday Workshop or the Divorce Life Solutions Quarterly Workshop held at Palomar College.

Consulting with a lawyer without a basic education is like taking your car to a mechanic when you know nothing about cars. Unfortunately, many attorneys will point you to the most expensive option, when all you need is a minor repair.

3. DELEGATE TASKS YOU ARE NO GOOD AT.

So now you have a plan, and you’ve researched your rights and obligations. Now, it is important to know your limitations. Many people are excellent at standing up in court and are doing their own case, but are poor at writing. If you don’t use an attorney for anything else, it is a good idea to have an attorney draw up your pleadings, declarations and settlement agreements for submission to the court.

Some excellent family attorneys offer their services as “unbundled services.” This simply means that the lawyer can handle a piece of your case, rather than representing you for every aspect. For example, an attorney can write your declaration regarding support, and can help you to incorporate the report of your CDFA™ as expert evidence.

The biggest advantage of unbundled services is that you won’t have to shell out a large retainer. You simply pay the attorney as you go.

If you have little or no experience in budgeting, a CDFA™ can help you learn this vital skill. Remember, you are going to be on your own soon, and those things that your husband or wife used to do will still need to get done.

4. DISENGAGE FROM CONFLICT OVER MONEY.

Discussions about money tend to lead to conflict, because money is about survival. If your soon–to–be–ex is in acute shock over the announcement of your divorce, negotiations with him or her might be difficult. You may wish to suggest a professional mediator to assist you in obtaining agreements about support and property, at least to get you to the next stage of the process.

Mediators are trained to keep the conversation about the business at hand. I myself am a Divorce Life Solutions mediator, assisting is a financial consultant as well as a conflict resolution specialist during mediation. In that first session of mediation, I can show the nervous parties how they will get through the next several months, and also assist them to plan their postdivorce lives.

Even if you don’t choose mediation, see our website for some important tips on negotiating. Negotiating temporary and permanent financial agreements are where many divorces go off the rails and into high conflict.

Remember, high conflict is expensive conflict.

5. DIRECT ATTORNEYS AND OTHER PROFESSIONALS.

Whether you use attorneys for unbundled services or to represent you throughout your case, it is important that you take an active role in protecting your own interests. Take charge by obtaining important documents, such as tax returns, bill and credit card statements, pay stubs, retirement account statements and other financial documents.

I recommend that you see a CDFA™ before you see the attorney. Seeing a CDFA™ will help you to walk into that attorney’s office with the ability to communicate your goals, desires and needs.

Although it is important to listen to your attorneys recommendations, the more legwork that you can do, the more money will save on attorneys fees, and the better witness you will make it the case has to proceed to trial.

I wish you good luck as you go through this tremendous transition of divorce.

Tammy R Ferreira

Disclaimer: Tammy R. Ferreira is certified by the Institute of Divorce Financial Analysts as a Certified Divorce Financial Analyst™. Ms. Ferreira is not an attorney, but has a background in divorce financial analysis and planning. The information set forth in this blog or on our websites are not intended to as a substitute for consultation with CDFA™, lawyer or other professional. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional, financial analyst or lawyer. The information in this blog is not intended to be an evaluation of any particular asset, support amount or other legal position, and should not be construed as a guarantee, warranty or prediction regarding the results of your legal matter.

Continue reading »]]> In this tough economy, many divorce litigants are turning to self representation to save money. Proceeding without a lawyer can be a great way to save money, especially when the divorce is fairly amicable. Unfortunately, self representation often goes off the rails when there is conflict between the spouses, or when one spouse obtains an aggressive family attorney.

When no lawyer has appeared on behalf of either you, getting legal advice can be tricky. If your spouse finds out that she went to a lawyer, or if a lawyer enters an appearance on your behalf, this can be a perceived breach of trust. To avoid this, I recommend that you consult with the family lawyer behind the scenes, preferably a lawyer with the background in mediation or conflict resolution, as opposed to an aggressive litigator. If your case involves contested child custody issues or large items property (such as an IRA or 401(k)), I recommend that you schedule a 1 to 2 hour consultation with the family lawyer to find out your rights and obligations.

It is also helpful to have a family lawyer draft complicated documents, such as declarations, pleadings, motions and applications. Family law judges respond to certain buzzwords, and it is important to get some advice on what to say in court.

If you don’t want to pay $5000-$15,000 for the initial retainer of an attorney, I suggest unbundled services. As a California-licensed attorney practicing family law in Carlsbad, I am willing to handle certain pieces of your case, allowing you to save money by handling those aspects of your case where you do not need a lawyer. I can draft your moving documents to ensure that they are sufficient for you to obtain certain relief, such as a support award. I can edit your declarations to make sure that you didn’t inadvertently say something that will rub judge the wrong way. I can’t even lodge an appearance on your behalf for an order to show cause hearing.

To take advantage of unbundled services, you need not notify your spouse that you are “lawyering up.” The Rules of Court allow me to “ghost write” your legal documents, and you do not have to disclose that a lawyer assisted you in writing them. You can present them as your own writing.

While some judges will allow a certain leeway for unrepresented parties, San Diego Rules of Court require that you plead your case just as a lawyer would. Rule 5.5.1 states that “Litigants representing themselves without an attorney … And all attorneys will be held to the same standards of practice and procedure.”

Family law is complicated, even for those of us who’ve made it our career. When court proceedings involve your children or your financial future, the best rule is to consult with a family law attorney if you have any doubt.

Wishing you the best of luck, I remain…

Very truly yours,

Thomas D. Ferreira, Esq.

Disclaimer: Thomas D. Ferreira is an attorney licensed only in the State of California. The information set forth in this blog or on our websites are not intended to create an attorney-client relationship, nor are they intended as legal advice on your specific matter. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional or lawyer. The information in this blog is not a substitute for the advice of competent counsel, and is not intended, nor should it be construed, as a guarantee, warranty or prediction regarding the results of your legal matter.

Continue reading »]]> Maria Shriver’s divorce from former California Governor Schwarzenegger has dropped off the publicity radar recently, largely because of reports that the couple is getting along and settling amicably. But the breakup got off to a rocky start, marred by bad publicity following Schwarzenegger’s response in court, a response initially denying Shriver’s request for spousal support and attorney’s fees.

Noted for keeping celebrity cases out of the press, Robert Kauffman, Schwarzenegger’ attorney, seemed unable to keep prying eyes from reading the response, a 2-page court form that essentially acts as a place holder for a responding party’s position.  I have not read the response, but I would assume that Kauffman checked the box denying the allegation of need for spousal support, an action every family lawyer will routinely take.  Yes, this means that Schwarzenegger’s “official” position was that spousal support would be denied, but I don’t think either Kauffman or Maria Shriver’s attorney, Los Angeles Lawyer-to-the-stars Laura Wasserman, would ever have seriously contended that there should be no award of spousal support.

The problem for Schwarzenegger and Shriver is that divorce cases are argued in a public forum, a battle theater to which the press has complete access.  Eager to sell papers, reporters jumped on this ordinary family law filing to claim that the dastardly Schwarzenegger was denying support, an allegation that was likely never true.

The  truth is that Schwarzenegger is likely desperate to maintain his public image as one of Hollywood’s nice guys, and hence he will be offering in excess of what a California judge would likely award.

Had I been approached by either party to this case, I would have extolled mediation as a way to keep the case private, and likewise to consider the interests of all involved.  As the couple is likely agreeing to joint custody of their 3 children, it would appear that the lawyers have considered many of these interests.  But at $750.00 per hour for Ms. Wasserman alone, I’m certain that mediation would have saved the couple tens of thousands of dollars, had they sought a mediator as soon as the breakup became inevitable.  And, they likely could have prevented the publicity damage caused when reporters read Schwarzenegger’s response to Shriver’s petition.

The lesson here is that mediation is the best, most confidential way to resolve divorce cases, even if you are among the super rich and super famous.  Until next time I remain …

Very truly yours,

Thomas D. Ferreira, Esq.

Disclaimer: Thomas D. Ferreira is an attorney licensed only in the State of California. The information set forth in this blog or on our websites are not intended to create an attorney-client relationship, nor are they intended as legal advice on your specific matter. This information is not intended to apply to cases or jurisdictions outside the State of California, and those viewing this information outside of California, or having business before jurisdictions outside of California, should consult a local professional or lawyer. The information in this blog is not a substitute for the advice of competent counsel, and is not intended, nor should it be construed, as a guarantee, warranty or prediction regarding the results of your legal matter.